On The Adoption Or Rejection Of The Contract Modification As A Result Of Change Of Circumstances

This article starts from the dispute of learners about the theory of the Contract Modification as a Result of Change of Circumstances during the framework of Contact Law in mainland, casts back all kinds of theories in German Civil Law, and compares their advantages and disadvantages. Meanwhile, the author focuses on the theory of the Basis of Transaction in German, points out its unreasonable places and incoordination with the principle of the German Civil Code. And the analysis of different kinds of cases in German shows that the theory is not necessary, with the help of impossibility, interpretation of the contract and other methods of the Civil Code.Then, the article compares the cases in the period of Republic of China and German, and points that the social circumstances to support the theory have changed in fact and the theory talked about by learners now is expanding gradually, which is not reasonable in every case. So, the illustration of the Civil Code in Taiwan District of China is not convincing.Although, the learners in mainland still argue for the theory of Modification of Contract as a Result of Change of Circumstances. After the interpretation of our own Contract Law, the author finds that it is not necessary in mainland to establish the section either, not because of no war, but because we can settle the same dispute by other articles of Contract Law. So, it is correct, as far as the outcome of the framing of Contract Law is concerned.